Sentencing General

Table of Contents

CRIMINAL JUSTICE ACT 1984

Offences Committed while on Bail and other Offences

Offences committed while on bail: consecutive sentences.

11.—F43[(1) Any sentence of imprisonment passed on a person for an offence—

(a) committed while on bail, whether committed before or after the commencement of section 22 of the Criminal Justice Act 2007, or

(b) committed after such commencement while the person is unlawfully at large after the issue of a warrant for his or her arrest for non-compliance with a condition of the recognisance concerned,

shall be consecutive on any sentence passed on him or her for a previous offence or, if he or she is sentenced in respect of two or more previous offences, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.]

(2) Subsection (1) shall not apply where any such sentence is one of imprisonment for life or is a sentence of detention under section 103 of the Children Act, 1908.

(3) Subsection (1) shall apply notwithstanding anything contained in section 5 of the Criminal Justice Act, 1951.

F44[(4) Where a court—

(a) is determining the sentence to be imposed on a person for an offence committed while he or she was on bail,

and

(b) is required by subsection (1) to impose two or more consecutive sentences,

then, the fact that the offence was committed while the person was on bail shall be treated for the purpose of determining the sentence as an aggravating factor and the court shall (except where the sentence for the previous offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.]

Annotations

Amendments:

F43
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 22, S.I. No. 236 of 2007.

F44
Inserted (2.06.1998) by Bail Act 1997 (16/1997), s. 10, S.I. No. 140 of 1998.

Increase of aggregate term of imprisonment in certain cases.

12.—(1) Section 5 of the Criminal Justice Act, 1951 (which provides that, where two or more sentences passed by the District Court are ordered to run consecutively, the aggregate term of imprisonment shall not exceed twelve months) is hereby amended by the substitution, for “twelve months”, of “two years”. In that section “imprisonment” shall include detention in Saint Patrick’s Institution.

(2) Section 13(1) of the Criminal Law Act, 1976 (which provides for consecutive sentences in the case of an offence committed by a person while he is serving a sentence) is hereby amended by the substitution, for “twelve months”, of “two years”.

Failure to surrender to bail.

13.—(1) If a person who has been released on bail in criminal proceedings fails to appear before a court in accordance with his recognisance, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F45[€5,000] or to imprisonment for a term not exceeding twelve months or to both.

(2) It shall be a defence in any proceedings for an offence under subsection (1) for the accused to show that the he had a reasonable excuse for not so appearing.

(3) For the purpose of section 11 an offence under this section shall be treated as an offence committed while on bail.

(4) Where a person has failed to appear before a court in answer to his bail and the court has directed that a warrant be issued for the arrest of that person by reason of his failure to answer his bail, a member of the Garda Síochána may arrest such a person notwithstanding that he does not have the warrant in his possession at the time of the arrest.

(5) Where a person is arrested pursuant to subsection (4) the member arresting him shall as soon as practicable produce and serve on the said person the said warrant.

F46[(6) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 12 months from the date on which the offence was committed.]

Annotations

Amendments:

F45
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 23(a), S.I. No. 236 of 2007. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.

F46
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 23(b), S.I. No. 236 of 2007.

Increase of penalties for certain firearms offences.

14.—(1) Section 15 of the Firearms Act, 1925, as amended by section 21 (4) of the Criminal Law (Jurisdiction) Act, 1976 (possessing firearm or ammunition with intent to endanger life or cause serious injury to property) is hereby amended by the substitution, for “imprisonment for a term not exceeding fourteen years”, of “imprisonment for life”.

(2) Section 26 (1) of the Firearms Act, 1964, as amended by section 21 (6) (b) of the Criminal Law (Jurisdiction) Act, 1976 (possession of firearm while taking vehicle without authority) is hereby amended by the substitution, for “seven years”, of “fourteen years”.

(3) Section 27 (2) of the Firearms Act, 1964, as amended by section 21 (6) (c) of the Criminal Law (Jurisdiction) Act, 1976 (use of firearm to resist arrest or aid escape) is hereby amended by the substitution, for “imprisonment for a term not exceeding fourteen years”, of “imprisonment for life”.

(4) Section 27A (1) of the Firearms Act, 1964, inserted by section 8 of the Criminal Law (Jurisdiction) Act, 1976 (possession of firearm or ammunition in suspicious circumstances) is hereby amended by the substitution, for “five years”, of “ten years”.

(5) Section 27B (1) of the Firearms Act, 1964, inserted by section 9 of the Criminal Law (Jurisdiction) Act, 1976 (carrying firearm with criminal intent) is hereby amended by the substitution, for “ten years”, of “fourteen years”.

Withholding information regarding firearms or ammunition.

15.—(1) Where a member of the Garda Síochána—

(a) finds a person in possession of any firearm or ammunition,

(b) has reasonable grounds for believing that the person is in possession of the firearm or ammunition in contravention of the criminal law, and

he may require that person to give him any information which is in his possession, or which he can obtain by taking reasonable steps, as to how he came by the firearm or ammunition and as to any previous dealings with it, whether by himself or by any other person.

(2) If that person fails or refuses, without reasonable excuse, to give the information or gives information that he knows to be false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F47[€5,000] or to imprisonment for a term not exceeding twelve months or to both.

(3) Subsection (2) shall not have effect unless the accused when required to give the information was told in ordinary language by the member of the Garda Síochána what the effect of his failure or refusal might be.

(4) Any information given by a person in compliance with a requirement under subsection (1) shall not be admissible in evidence against that person or his spouse in any proceedings, civil or criminal, other than proceedings for an offence under subsection (2).

Annotations

Amendments:

F47
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 48(c), S.I. No. 236 of 2007. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E30
Previous affecting provision: subs. (2) amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 62, S.I. No. 390 of 2006; superseded as per F-note above.

Withholding information regarding stolen property, etc.

16.— F48[…]

Annotations

Amendments:

F48
Repealed (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 3 and sch. 1, S.I. No. 252 of 2002, subject to transitional provisions in s. 65.

Maximum fine on summary conviction of certain indictable offences.

17.—Section 4 (1) of the Criminal Justice Act, 1951, and section 13 (3) (a) of the Criminal Procedure Act, 1967 (each of which provides for a maximum fine of £100 on summary conviction of certain indictable offences) are hereby amended by the substitution, in each of those provisions, of “£1,000” for “£100”.

Inferences from Accused’s Failure to Account for Certain Matters

CRIMINAL JUSTICE ACT, 1990

AN ACT TO ABOLISH THE DEATH PENALTY AND SUBSTITUTE IMPRISONMENT FOR LIFE, TO PROVIDE THAT A MINIMUM PERIOD OF IMPRISONMENT SHALL BE SERVED BY PERSONS CONVICTED OF TREASON OR OF CERTAIN CATEGORIES OF MURDER OR ATTEMPTS TO COMMIT ANY SUCH MURDER AND TO PROVIDE FOR OTHER CONNECTED MATTERS. [11th July, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Abolition of death penalty.

1.—No person shall suffer death for any offence.

Sentence for treason and murder.

2.—A person convicted of treason or murder shall be sentenced to imprisonment for life.

Special provision in relation to certain murders and attempts.

3.—(1) This section applies to—

(a) murder of a member of the Garda Síochána acting in the course of his duty,

(b) murder of a prison officer acting in the course of his duty,

(c) murder done in the course or furtherance of an offence under section 6 , 7 , 8 or 9 of the Offences against the State Act, 1939 , or in the course or furtherance of the activities of an unlawful organisation within the meaning of section 18 (other than paragraph (f)) of that Act, and

(d) murder, committed within the State for a political motive, of the head of a foreign State or of a member of the government of, or a diplomatic officer of, a foreign State,

and to an attempt to commit any such murder.

(2) (a) Subject to paragraph (b), murder to which this section applies, and an attempt to commit such a murder, shall be a distinct offence from murder and from an attempt to commit murder and a person shall not be convicted of murder to which this section applies or of an attempt to commit such a murder unless it is proved that he knew of the existence of each ingredient of the offence specified in the relevant paragraph of subsection (1) or was reckless as to whether or not that ingredient existed.

(b) Save as otherwise provided by this Act, the law and procedure relating to murder and an attempt to commit murder shall apply to the offence.

(3) In this section—

“diplomatic officer” means a member of the staff of a diplomatic mission of a foreign State having diplomatic rank;

“prison” means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940 , section 233 of the Defence Act, 1954 , section 2 of the Prisoners of War and Enemy Aliens Act, 1956 , or section 13 of the Criminal Justice Act, 1960 ;

“prison officer” includes any member of the staff of a prison and any person having the custody of, or having duties in relation to the custody of, a person detained in a prison.

Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.

4.—Where a person (other than a child or young person) is convicted of treason or of a murder or attempt to commit a murder to which section 3 applies, the court—

(a) in the case of treason or murder, shall in passing sentence specify as the minimum period of imprisonment to be served by that person a period of not less than forty years,

(b) in the case of an attempt to commit murder, shall pass a sentence of imprisonment of not less than twenty years and specify a period of not less than twenty years as the minimum period of imprisonment to be served by that person.

Restrictions on power to commute or remit punishment or grant temporary release.

5.—(1) The power conferred by section 23 of the Criminal Justice Act, 1951 , to commute or remit a punishment shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder, be exercisable before the expiration of the minimum period specified by the court under section 4 less any reduction of that period under subsection (2) of this section.

(2) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder as if he had been sentenced to a term of imprisonment equal to the minimum period specified by the court under section 4 , and that period shall be reduced by the amount of any remission which he has so earned.

(3) Any power conferred by rules made under section 2 of the Criminal Justice Act, 1960 (including that section as applied by section 4 of the Prisons Act, 1970 ), to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder, be exercisable during the period for which the commutation or remission of his punishment is prohibited by subsection (1) of this section unless for grave reasons of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by those reasons.

Procedure in cases of murder, and attempts, to which section 3 applies.

6.—(1) Where a person is accused of murder to which section 3 applies or of any attempt to commit such a murder, he shall be charged in the indictment with murder to which that section applies or, as the case may be, with an attempt to commit such a murder.

(2) A person indicted for murder to which section 3 applies may—

(a) if the evidence does not warrant a conviction for such murder but warrants a conviction for murder, be found guilty of murder,

(b) if the evidence does not warrant a conviction for murder but warrants a conviction for manslaughter, be found guilty of manslaughter.

(3) A person indicted for an attempt to commit a murder to which section 3 applies may, if the evidence does not warrant a conviction for such an attempt but warrants a conviction for an attempt to commit murder, be found guilty of an attempt to commit murder.

Consequential amendments.

7.—The enactments mentioned in the First Schedule are hereby amended in the manner specified therein.

Transitional provisions.

8.—(1) An offence of treason, capital murder or attempt to commit a capital murder, being an offence committed wholly or partly before the passing of this Act, shall be dealt with under the law in force before such passing, except that—

(a) if the offender is convicted of treason or capital murder, he shall be sentenced as provided for by this Act as if, in the case of capital murder, the murder were murder to which section 3 applies, and

(b) if he is convicted of attempted capital murder, he shall be sentenced as if he had been convicted of attempted murder.

(2) If, on an appeal against a conviction before the passing of this Act, of treason or capital murder the conviction is confirmed, the appeal court shall impose sentence as provided for by this Act as if, in the case of capital murder, the murder were murder to which section 3 applies.

Repeals.

9.—(1) The enactments mentioned in the Second Schedule are hereby repealed to the extent specified therein.

(2) The repeal by this Act of section 1 of the Offences against the Person Act, 1861 , shall not affect the operation of sections 64 to 68 of that Act.

Short title.

10.—This Act may be cited as the Criminal Justice Act, 1990.

FIRST SCHEDULE

Consequential Amendments

Section 7.

1. In section 2 of the Piracy Act, 1837 , “and on conviction thereof shall be sentenced to imprisonment for life” shall be inserted at the end of the section.

2. Section 103 of the Children Act, 1908, shall have effect in relation to a child or young person who is convicted of an offence for which an adult would be required to be sentenced to imprisonment for life as it had effect before the passing of this Act in relation to a child or young person convicted of an offence for which an adult would have been required to be sentenced to death.

3. Section 1 of the Treason Act, 1939 , shall be amended as follows:

(a) in subsections (1) and (2) “be sentenced on conviction thereof to imprisonment for life” shall be substituted for “be liable on conviction thereof to suffer death”, and

(b) in subsection (3) “murder to which section 3 of the Criminal Justice Act, 1990, applies” shall be substituted for “capital murder” (inserted therein by the Criminal Justice Act, 1964 ).

4. The Defence Act, 1954 , shall be amended as follows:

(a) in section 50 (2) “death,” shall be deleted;

(b) in sections 124 and 125 “imprisonment for life” shall be substituted for “death”;

(d) in sections 127 and 128 “imprisonment for life” shall be substituted for “death”;

(e) in sections 133, 134, 135 (1) (b), 136, 137 (1), 140, 141, 142 (b), 142A (1) (ii), 143, 144, 145, 146, 147, 148, 150, 152, 153, 156, 157, 159 (1), 160, 161 (2), 162, 163, 164 (1), 165, 166, 167 and 168 (1) “for any term not exceeding two years” shall be inserted after “imprisonment”;

(f) the following section shall be substituted for section 169:

“

Offences punishable by ordinary law.

169.—(1) Subject to the provisions of this Act, every person who, while he is subject to military law, commits any of the offences referred to in this section shall be deemed to be guilty of an offence against military law and, if charged under this section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by court-martial.

(2) Where a person charged under this section is convicted by a court-martial of treason or murder, he shall be sentenced to imprisonment for life.

(3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:

(a) if he is convicted of manslaughter, be liable to suffer penal servitude or any less punishment awardable by a court-martial;

(b) if he is convicted of rape, be liable to suffer penal servitude or any less punishment awardable by a court-martial;

(i) in case the offence consists of the killing of any person, to imprisonment for life, or

(ii) in any other case, to imprisonment for a term not exceeding fourteen years;

(d) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or, if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any less punishment awardable by a court-martial or, if he is subject to military law as a man, imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial.”;

(g) the following section shall be inserted after section 169:

“

Trial by court-martial of treason and certain murders and attempts.

169A.—(1) A person subject to military law who is accused of murder which is alleged to be murder to which section 3 of the Criminal Justice Act, 1990, applies or of an attempt to commit such a murder and is to be tried by court-martial shall be charged with murder to which that section applies or, as the case may be, with an attempt to commit such a murder, and the following provisions of that Act, namely—

(a) section 4 , with the substitution of ‘court-martial’ for ‘court’, and

(b) subsection (2) of section 6 , with the substitution of ‘charged with’ for ‘indicted for’,

shall apply and have effect in relation to the trial.

(2) The said section 4 shall apply and have effect, in relation to the trial of a person subject to military law who is accused of treason, with the substitution of ‘court-martial’ for ‘court’.”;

(h) in section 192 (2) (d) “for any term not exceeding two years” shall be inserted after “imprisonment”;

(i) in section 198, subsection (2) shall be deleted;

(j) in sections 209 (1) and 210 (1) “Imprisonment for life” shall be substituted for “Death”;

(k) in section 210 (6) “imprisonment for life or” shall be inserted before “penal servitude” in each place where those words occur;

(l) in subsections (7) and (10) of section 210 “for any term not exceeding two years” shall be inserted after “imprisonment”;

(m) section 212 shall not apply to a sentence of imprisonment for life;

(n) in section 220, subsection (2) shall be deleted and, in subsection (3), “imprisonment on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies” shall be substituted for “death”;

(o) in section 221 (1) “(other than a sentence of death)” shall be deleted and the following proviso added:

“Provided that—

(i) the said power of mitigation or remission shall not, in the case of a sentence of imprisonment passed on a person on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies, be exercisable before the expiration of the minimum period specified by the court-martial under section 4 of that Act, as applied by section 169A of this Act, less any reduction of that period under paragraph (ii) of this proviso, and

(ii) the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence passed on him on conviction of treason or of murder, or attempted murder, to which the said section 3 applies as if he had been sentenced to a term of imprisonment equal to the minimum period specified by the court-martial under the said section 4 , as applied by section 169A of this Act, and that period shall be reduced by the amount of any remission which he has so earned.”;

(p) in section 222, paragraph (a) and “in any other case” in paragraph (b) shall be deleted;

(q) the following subsection shall be added to section 223:

“(10) This section shall not apply to a sentence of imprisonment on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies.”;

(r) section 227 shall be deleted;

(s) the following subsection shall be inserted in section 228 after subsection (1):

“(1A) Where a sentence of imprisonment for life is passed by a court-martial and confirmed, the military prisoner shall, as soon as practicable, be committed to a public prison to undergo his sentence according to law, and subsections (2) to (7) of this section shall have effect in relation to him—

(a) as if each reference therein to a military convict were a reference to a military prisoner and each reference to a penal servitude prison a reference to a public prison, and

(b) as if the reference in the said subsection (7) to penal servitude were a reference to imprisonment.”;

(t) section 229 shall not apply to a military prisoner sentenced to imprisonment for life; and

(u) the following subsection shall be inserted in section 233 after subsection (2):

“(2A) Any power conferred by rules under this section to release a person temporarily shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies, be exercisable during the period for which the power to mitigate or remit his punishment is prohibited by paragraph (i) of the proviso (inserted by that Act) to section 221 (1) of this Act unless for grave reasons of a humanitarian nature, and any such release shall be only of such limited duration as is justified by those reasons.”.

5. In the Courts-Martial Appeals Act, 1983 —

(a) in sections 26, 28 (2) (c) and 28 (3) (ii) (I) “a capital offence or murder” shall be replaced in each case by “an offence for which a person would be required on conviction to be sentenced to imprisonment for life”;

(b) in section 27 (2) (c) “a capital charge or a charge of murder” shall be replaced by “a charge of an offence for which a person would be required on conviction to be sentenced to imprisonment for life”.

SECOND SCHEDULE

Enactments Repealed

Section 9 .

Chapter or Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

C. 100.

Offences against the Person Act, 1861 .

Sections 1 to 3.

In section 71, the words “other wise than with death”.

C. 24.

Capital Punishment Amendment Act, 1868.

The whole Act.

C. 78.

Juries Procedure (Ireland) Act, 1876.

Section 13.

C. 49.

General Prisons (Ireland) Act, 1877.

Proviso in section 40.

No. 27 of 1926.

Court Officers Act, 1926.

Section 53.

No. 15 of 1928.

Courts of Justice Act, 1928.

In subsection (1) of section 6, the words “death or”.

Subsection (2) of section 6.

No. 2 of 1951.

Criminal Justice Act, 1951 .

In subsection (1) of section 23, the words “Except in capital cases,”.

No. 27 of 1956.

Prisoners of War and Enemy Aliens Act, 1956 .

Subsection (1) of section 5.

No. 11 of 1962.

Geneva Conventions Act, 1962.

In subsection (1) (b) of section 6 and in subsection (1) of section 8, the words “to death or”.

In subsection (2) of section 8, the words “remains a sentence of death, or”.

No. 5 of 1964.

Criminal Justice Act, 1964 .

The whole Act, except sections 4 and 11.

No. 28 of 1973.

Genocide Act, 1973 .

Section 4.

No. 14 of 1976.

Criminal Law (Jurisdiction) Act, 1976.

Subsection (6) of section 20.

No. 19 of 1983.

Courts-Martial Appeals Act, 1983 .

Section 21.

No. 1 of 1987.

Extradition (European Convention on the Suppression of Terrorism) Act, 1987.

Subsection (4) of section 6.

CRIMINAL JUSTICE ACT 1993

REVISED

Updated to 1 August 2023

AN ACT TO ENABLE THE COURT OF CRIMINAL APPEAL TO REVIEW UNDULY LENIENT SENTENCES, TO MAKE OTHER PROVISION IN RELATION TO SENTENCING, TO PROVIDE FOR THE PAYMENT BY OFFENDERS OF COMPENSATION FOR INJURY OR LOSS RESULTING FROM THEIR OFFENCES, TO AMEND THE CRIMINAL PROCEDURE ACT, 1967, AND THE PUNISHMENT OF INCEST ACT, 1908, AND TO PROVIDE FOR CONNECTED MATTERS. [3rd April, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1. — (1) In this Act, unless the context otherwise requires—

“ compensation order ” and “ injured party ” have the meanings assigned to them by section 6 ;

“ imprisonment ” includes detention in Saint Patrick’s Institution;

“ sentence ” includes a sentence of imprisonment and any other order made by a court in dealing with a convicted person other than—

(a) an order under section 17 of the Lunacy (Ireland) Act, 1821, or section 2 (2) of the Trial of Lunatics Act, 1883, or

(b) an order postponing sentence for the purpose of obtaining a medical or psychiatric report or a report by a probation officer;

“ sentencing court ” means the court referred to in section 2 (1).

(2) References in sections 2 (1) and 4 (1) to conviction of a person on indictment include references to conviction of a person after signing a plea of guilty and being sent forward for sentence under section 13 (2) (b) of the Criminal Procedure Act, 1967.

(3) This Act shall not apply to sentences imposed on persons convicted before its commencement.

(4) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended, and

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Review of certain sentences.

2. — (1) If it appears to the Director of Public Prosecutions that a sentence imposed by a court (in this Act referred to as the “ sentencing court ”) on conviction of a person on indictment was unduly lenient, he may apply to the Court of Criminal Appeal to review the sentence.

(2) An application under this section shall be made, on notice given to the convicted person, within 28 days F1[, or such longer period not exceeding 56 days as the Court may, on application to it in that behalf, determine,] from the day on which the sentence was imposed.

(3) On such an application, the Court may either—

(a) quash the sentence and in place of it impose on the convicted person such sentence as it considers appropriate, being a sentence which could have been imposed on him by the sentencing court concerned, or

(b) refuse the application.

(4) Section 6 of the Prosecution of Offences Act, 1974 (which prohibits certain communications in relation to criminal proceedings), shall apply, with any necessary modifications, to communications made to the persons mentioned in that section for the purpose of influencing the making of a decision in relation to an application under this section as it applies to such communications made for the purpose of making a decision to withdraw or not to initiate criminal proceedings or any particular charge in criminal proceedings.

F2[(5) Where the convicted person in relation to whom an application under this section is made is a person who was under the age of 18 years when the sentence was imposed on him by the sentencing court concerned and he has attained the age of 18 years on or before the date on which the application is determined by the Court, the reference in subsection (3)(a) to a sentence which could have been imposed on him by the sentencing court concerned shall be construed as a reference to a sentence which could have been imposed on him by the sentencing court concerned had he attained that age at the time when the sentence was so imposed.

(6) Where subsection (5) applies and the application under this section is in respect of a sentence imposed on a person convicted of treason or murder before the person has attained the age of 18 years, the Court may, notwithstanding section 2 of the Criminal Justice Act 1990, impose such sentence as it considers appropriate.]

Annotations:

Amendments:

F1
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 23, S.I. No. 390 of 2006.

F2
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 61(1), S.I. No. 391 of 2023, art. 3(c), subject to transitional provision in subs. (2).

Minor and consequential provisions.

3.—F3[…]

Annotations:

Amendments:

F3
Repealed (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 73 and sch. 1 item 7, S.I. No. 479 of 2014.

Minor and consequential provisions.

4. — (1) The registrar of a court which has imposed a sentence on conviction of a person on indictment shall—

(a) give to the Director of Public Prosecutions, on request, a copy of any reports or other relevant documents that were considered by the court before it imposed the sentence, and

(b) if the sentence has become the subject of an application under section 2 , give a copy of those documents to the Court of Criminal Appeal and the convicted person.

F4[(2) Where an application has been made to the Court of Appeal under section 2—

(a) a legal aid (appeal) certificate shall be deemed for the purposes of the Criminal Justice (Legal Aid) Act 1962 to have been granted in respect of the person whose sentence is the subject of the application, and

(b) the person shall be entitled to free legal aid in the preparation and conduct of his or her case before the Court of Appeal and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of that Act.]

Annotations:

Amendments:

F4
Substituted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 51, S.I. No. 479 of 2014.

F5[

Effect of certain offences on persons in respect of whom committed.

5.—F6[(1) This section applies to an offence where a natural person in respect of whom the offence has been committed, has suffered harm, including physical, mental or emotional harm, or economic loss, which was directly caused by that offence.]

(2) (a) When imposing sentence on a person for an offence to which this section applies, a court shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.

(b) For the purposes of paragraph (a), a “person in respect of whom the offence was committed” includes, where, as a result of the offence, that person has died, is ill or is otherwise incapacitated, a family member of that person.

(3) (a) When imposing sentence on a person for an offence to which this section applies, a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect of the offence on such person.

(b) For the purpose of paragraph (a), where the person in respect of whom the offence was committed—

(i) is a child under the age of 14 years, the child, or his or her parent or guardian, may give evidence as to the effect of the offence concerned on that child,

(ii) is—

(I) a person with a mental disorder (not resulting from the offence concerned), the person or a family member,

(II) a person with a mental disorder (not resulting from the offence concerned), who is a child, the person or his or her parent or guardian,

may give evidence as to the effect of the offence concerned on that person,

(iii) is a person who is ill or is otherwise incapacitated as a result of the offence, a family member of the person may give evidence as to the effect of the offence concerned on that person and on his or her family members,

(iv) has died as a result of the offence, a family member of the person may give evidence as to the effect of the offence concerned—

(I) on the person between the commission of the offence and his or her death (where relevant), and

(II) on the family members of the person who has died.

(c) A person who has been convicted of an offence to which this section applies may not give evidence pursuant to paragraph (b) in respect of that offence.

(d) Where more than one family member seeks to avail of paragraph (b), the court may direct the family members to nominate one or more family members for the purpose of that paragraph.

(e) Where the court directs the family members to nominate one or more family members pursuant to paragraph (d) and the family members are unable to reach agreement, the court may, having regard to the degree of relationship between the family members and the person in respect of whom the offence was committed, nominate one or more family members as it considers appropriate.

(4) Where no evidence is given pursuant to subsection (3), the court shall not draw an inference that the offence had little or no effect (whether long-term or otherwise) on the person in respect of whom the offence was committed or, where appropriate, on his or her family members.

(5) (a) The court may, in the interests of justice, order that information relating to the evidence given under subsection (3) or a part of it shall not be published or broadcast.

(b) If any matter is published or broadcast in contravention of paragraph (a), the following persons, namely—

(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(ii) in the case of any other publication, the person who publishes it, and

(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence.

(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or to both.

(d) Where an offence under paragraph (b) is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(e) Where the affairs of a body corporate are managed by its members, paragraph (d) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(6) In this section and in sections 5A and 5B, unless the context otherwise requires—

F7[“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

“broadcast” has the meaning it has in section 2 of the Broadcasting Act 2009;

“child” means a person under the age of 18;

F7[“civil partner” means a person in a civil partnership or legal relationship to which section 3 of the Act of 2010 applies;

“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;]

F8[“family member”, in relation to a person in respect of whom an offence is committed, means—

(a) a spouse, civil partner or cohabitant of the person,

(b) a child or step-child of the person,

(d) a brother, sister, half brother or half sister of the person,

(e) a grandchild of the person,

(f) an aunt, uncle, nephew or niece of the person, and

(g)any other person—

(i) who is or, where the person is deceased, was dependent on the person, or

(ii) who a court considers has or, where the person is deceased, had a sufficiently close connection with that person as to warrant his or her being treated as a family member;]

“guardian”, in relation to a child, has the meaning it has in the Children Act 2001;

“mental disorder” includes a mental illness, mental disability, dementia or any disease of the mind;

“publish” means publish, other than by way of broadcast, to the public or a portion of the public.]

Annotations:

Amendments:

F5
Substituted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 4, S.I. No. 414 of 2010.

F6
Substituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 31(a), S.I. No. 530 of 2017.

F7
Inserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 31(b)(ii), S.I. No. 530 of 2017.

F8
Substituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 31(b)(i), S.I. No. 530 of 2017.

Editorial Notes:

E1
Previous affecting provision: subs. (1) amended by (20.09.2012) by Criminal Justice (Female Genital Mutilation) Act 2012 (11/2012), s. 13, S.I. No. 353 of 2012.

F9[

Evidence through television link.

5A.— (1) (a) A child or a person with a mental disorder in respect of whom an offence to which section 5 applies was committed, may give evidence pursuant to section 5(3), whether from within or outside the State, through a live television link unless the court sees good reason to the contrary.

(b) Any other person in respect of whom an offence to which section 5 applies was committed may, with the leave of the court, give evidence pursuant to section 5(3), whether from within or outside the State, through a live television link.

(2) Evidence given under subsection (1) shall be video recorded.

(3) While evidence is being given pursuant to subsection (1) (except through an intermediary pursuant to section 5B(1)), neither the judge, nor the barrister or solicitor concerned in the examination of the witness, shall wear a wig or gown.]

Annotations:

Amendments:

F9
Inserted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 5, S.I. No. 414 of 2010.

Editorial Notes:

E2
The section heading is taken from the amending section in the absence of one included in the amendment.

F10[

Evidence through intermediary.

5B.— (1) Where a child or a person with a mental disorder is giving, or is to give evidence through a live television link, pursuant to section 5A, the court may, on the application of the prosecution or the accused, if satisfied that, having regard to the age or mental condition of the witness, the interests of justice require that any questions to be put to the witness be put through an intermediary, direct that any such questions be so put.

(2) Questions put to a witness through an intermediary under this section shall be either in the words used by the questioner or so as to convey to the witness in a way which is appropriate to his or her age and mental condition, the meaning of the questions being asked.

(3) An intermediary referred to in subsection (1) shall be appointed by the court and shall be a person who, in its opinion, is competent to act as such.]

Annotations:

Amendments:

F10
Inserted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 6, S.I. No. 414 of 2010.

Editorial Notes:

E3
The section heading is taken from the amending section in the absence of one included in the amendment.

Compensation order.

6. — (1) Subject to the provisions of this section, on conviction of any person of an offence, the court, instead of or in addition to dealing with him in any other way, may, unless it sees reason to the contrary, make (on application or otherwise) an order (in this Act referred to as a “ compensation order ”) requiring him to pay compensation in respect of any personal injury or loss resulting from that offence (or any other offence that is taken into consideration by the court in determining sentence) to any person (in this Act referred to as the “ injured party ”) who has suffered such injury or loss.

(2) The compensation payable under a compensation order (including a compensation order made against a parent or guardian of the convicted person and notwithstanding, in such a case, any other statutory limitation as to amount) shall be of such amount (not exceeding, in the case of such an order made by the District Court, such amount as may stand prescribed for the time being by law as the limit of that Court’s jurisdiction in tort) as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the convicted person, the injured party or the prosecutor, and shall not exceed the amount of the damages that, in the opinion of the court, the injured party would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned.

(3) Where the commission of the offence by the convicted person involved the taking of property out of the possession of the injured party and the property has been recovered, any loss occurring to the injured party by reason of the property being damaged while out of his possession shall be treated for the purposes of subsection (1) as having resulted from the offence, irrespective of how the damage was caused or who caused it.

(4) A compensation order shall not be made in respect of an injury or loss that results from the use of a mechanically propelled vehicle (within the meaning of the Road Traffic Act, 1961) in a public place unless it appears to the court that—

(a) it is in respect of an injury or loss as respects which the use of the vehicle by the convicted person was in breach of section 56 (which provides for the compulsory insurance of mechanically propelled vehicles) of that Act, or

(b) it is in respect of a loss which is treated by subsection (3) as having resulted from the offence,

and, where a compensation order is made in respect of injury or loss resulting from such use, the amount of the compensation may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance resulting from such use.

(5) In determining whether to make a compensation order against a person, and in determining the amount of the compensation, the court shall have regard—

(a) to his means, or

(b) in a case to which section 99 of the Children Act, 1908 (which empowers a court to require a parent or guardian to pay any fine, damages or costs imposed on or awarded against a child or young person), applies, to the means of the parent or guardian,

so far as they appear or are known to the court and for that purpose the court may require the convicted person or his parent or guardian, as the case may be, to give evidence as to his means and financial commitments.

(6) A compensation order may provide for payment of the compensation by such instalments and at such times as the court shall in all the circumstances consider reasonable.

(7) Where the court considers—

(a) that it would be appropriate both to impose a fine and to make a compensation order, but

(b) that the convicted person has insufficient means to pay both an appropriate fine and appropriate compensation, the court may, if it is satisfied that the means are sufficient to justify its doing so, make a compensation order and, if it is satisfied that it is appropriate to do so having regard to the means that would remain after compliance with the order, impose a fine.

(8) At any time after a compensation order has ceased to be suspended by virtue of section 8 and before it has been complied with or fully complied with, the District Court (or, where the amount payable under the order exceeds such amount as may stand prescribed for the time being by law as the limit of that Court’s jurisdiction in tort, the court which made the order) may—

(a) on the application of the convicted person concerned and on being satisfied that the injured party concerned has been given an opportunity of making representations to the Court on the issue and having regard to any such representations that are made by him or on his behalf, reduce the amount remaining to be paid, vary any instalment payable, or direct that no payments or further payments be made, under the order if it appears to the Court that, because of a substantial reduction in the means of the convicted person, his means are insufficient to satisfy the order in full, or

(b) on the application of the injured party concerned and on being satisfied that the convicted person concerned has been given an opportunity of making representations to the Court on the issue and having regard to any such representations that are made by him or on his behalf, increase the amount to be paid, the amount of any instalment or the number of instalments payable, under the order if it appears to the Court that—

(i) because of a substantial increase in the means of the convicted person, his means are sufficient for the relevant purposes aforesaid, and

(ii) any increased amount to be paid under the order would not exceed—

(I) the amount of the damages that the injured party concerned would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned, or

(II) such amount as may stand prescribed for the time being by law as the limit of the Court’s jurisdiction in tort,

whichever is the lesser.

(9) The references to damages in the aforesaid section 99 shall be construed as if they included references to compensation under a compensation order and subsections (5) and (6) of that section shall not apply in relation to a compensation order.

(10) This section is without prejudice to any other enactment which provides for the payment of compensation by a person convicted of an offence or otherwise proved to have committed an offence.

(11) The making of a compensation order against a parent or guardian of a convicted person shall not of itself give rise to any other liability on the part of the parent or guardian in respect of the injury or loss.

(12) In this section—

(a) in a case where death has resulted from an offence specified in subsection (1) —

“ loss ” means any matter (including mental distress resulting from the death and funeral expenses) for which damages could be awarded in respect of the death by virtue of Part V of the Civil Liability Act, 1961,

“ injured party ” includes a dependant (within the meaning of the said Part V) of the deceased person concerned,

(b) references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907, and

(c) the third reference in subsection (1), the second reference in subsection (2) and the references in subsections (7) (b) and (8) (other than paragraph (b) (ii)) to a convicted person, however expressed, include, in a case to which the aforesaid section 99 applies, references to his parent or guardian.

(13) In assessing for the purposes of this section the means of a person, the court shall take into account his financial commitments.

Annotations:

Modifications (not altering text):

C1
Application of section restricted (1.05.2002) by Children Act 2001 (24/2001), s. 113(7), S.I. No. 151 of 2002.

Compensation by parent or guardian.

113. …

(7) Notwithstanding anything in section 6 of the Criminal Justice Act, 1993, any sum ordered by a court to be paid under this section in respect of loss of or damage to property shall not be greater than the cost of its replacement or repair, as the case may be, and shall not include any loss or damage of a consequential nature.

Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.

7. — (1) Subject to subsection (2), payments under a compensation order or an order under section 6 (8) shall be made, for transmission to the injured party concerned, to such District Court clerk as may be determined from time to time by the court which made the order.

(2) For the purposes of subsection (1) and of securing compliance with compensation orders and orders under section 6 (8) —

(a) subsections (2), (4), (5) and (6) of section 9 (which relates to the transmission of maintenance order payments through District Court clerks),

(b) Part III (which relates to attachment of earnings), and

of the Family Law (Maintenance of Spouses and Children) Act, 1976, shall apply to those orders with the following modifications and any other necessary modifications, that is to say:

(i) in the said subsections (2) and (4)—

(I) the references to payments shall be construed as including payments under a compensation order or an order under section 6 (8) to a District Court clerk pursuant to subsection (1), and

(II) the references to the maintenance creditor shall be construed as references to the injured party,

(ii) in the said Part III—

(I) in section 10—

(A) subparagraphs (i) and (ii) of subsection (1) (a) shall not apply,

(B) the reference to the District Court in subsection (1) (a) (iii) (I) shall be construed as a reference to a court, and

(C) in subsection (2), paragraph (a) shall be deleted and the following paragraph shall be substituted for paragraph (b):

“(b) in any other case, to the District Court clerk specified by the attachment of earnings order for transmission to the injured party concerned”,

(II) the references to an antecedent order shall be construed as references to a compensation order and an order under section 6 (8),

(III) the references to the maintenance creditor shall be construed as references to the injured party, and

(IV) the references to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908, applies, to his parent or guardian,

and

(iii) in the said section 29 the reference to a maintenance order shall be construed as including a reference to a compensation order and an order under section 6 (8).

Suspension of compensation order pending appeal.

8. — (1) The operation of a compensation order shall be suspended—

(a) in any case, until the ordinary time for giving notice of an appeal or of an application for leave to appeal (whether against the conviction to which the order relates or the sentence) has expired, and

(b) in a case where the notice aforesaid is given within that time or such extended time as the court to which the appeal is brought may allow, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired.

(2) Where the operation of a compensation order is suspended under subsection (1) (b), the order shall not take effect if the conviction concerned is reversed on appeal.

(3) A court hearing an appeal against conviction or sentence may annul or vary the compensation order concerned.

(4) A person against whom a compensation order is made may appeal against the order to the court to which an appeal against the conviction concerned may be brought and subsections (1) (b) and (3) shall apply in relation to an appeal under this subsection as they apply, or would apply, to an appeal against the conviction.

(5) Where a compensation order has been made against a person in respect of an offence taken into consideration in determining his sentence, the order shall cease to have effect if he successfully appeals against his conviction of the offence, or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made.

(6) In this section references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907.

Effect of compensation order on civil proceedings.

9. — Where—

(a) a compensation order has been made in favour of a person, and

(b) damages in respect of the injury or loss concerned fall to be assessed in civil proceedings,

then—

(i) if the damages, as so assessed, exceed any amount paid under the compensation order, the damages awarded shall not exceed the amount of that excess, and

(ii) if any amount paid under the compensation order exceeds the damages, as so assessed, the court may order that the amount of the excess be repaid by that person to the person against whom the compensation order was made,

and, upon the award of damages or, as the case may be, the making of the order by the court, the compensation order shall cease to have effect.

Service of documents.

10. — (1) A document required by section 2 or 4 of this Act to be given to a convicted person may, subject to subsection (3), be so given—

(a) by delivering it to him or to his solicitor,

(b) by addressing it to him and leaving it at his usual or last known residence or place of business or by addressing it to his solicitor and leaving it at the solicitor’s office,

(c) by sending it by registered post to him at his usual or last known residence or place of business or to his solicitor at the solicitor’s office, or

(d) in the case of a body corporate, by delivering it, or sending it by registered post, to the secretary or other officer of the body at its registered or principal office.

(2) For the purposes of subsection (1) the solicitor retained to appear on behalf of the convicted person at his trial shall be deemed to continue to be retained on his behalf unless he is discharged by the Court of Criminal Appeal.

(3) A document required by section 2 or 4 of this Act to be given to a convicted person shall be given personally to him if he was not represented by a solicitor at his trial or if his solicitor has been so discharged.

Amendment of Criminal Procedure Act, 1967.

11.—F11[…]

Annotations:

Amendments:

F11
Repealed (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 22(c), S.I. No. 193 of 2001.

Amendment of Punishment of Incest Act, 1908.

12. — Section 1 (incest by males) of the Punishment of Incest Act, 1908, is hereby amended by the substitution for “liable, at the discretion of the court, to be kept in penal servitude for any term not less than three years, and not exceeding seven years, or to be imprisoned for any time not exceeding two years with or without hard labour” of “ liable to imprisonment for a term not exceeding 20 years ”.

Repeals.

13. — Sections 9, 10 and 11 of the Criminal Damage Act, 1991, are hereby repealed.

Short title and commencement.

14. — (1) This Act may be cited as the Criminal Justice Act, 1993.

(2) This Act shall come into operation one month after the date of its passing.

CRIMINAL JUSTICE ACT 2006

PART 10

Sentencing

Definitions (Part 10).

98.— In this Part, unless the context otherwise requires—

“authorised person” means a person who is appointed in writing by the Minister, or a person who is one of a class of persons which is prescribed, to be an authorised person for the purposes of this Part;

“a direction” means a direction given by the Minister under section 2 of the Criminal Justice Act 1960 authorising the release of a person from prison (within the meaning of that section) for a temporary period;

“governor” includes, in relation to a prisoner, a person for the time being performing the functions of governor;

F30[‘imprisonment’ includes detention in a place provided under section 2 of the Prisons Act 1970 and ‘sentence of imprisonment’ shall be construed accordingly;]

“mandatory term of imprisonment” includes, in relation to an offence, a term of imprisonment imposed by a court under an enactment that provides that a person who is guilty of the offence concerned shall be liable to a term of imprisonment of not less than such term as is specified in the enactment;

“offender” means a person in respect of whom a restriction on movement order is, or may be, made under section 101;

“probation and welfare officer” means a person appointed by the Minister to be—

(a) a probation officer,

(b) a welfare officer, or

“probation and welfare service” means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known by that name;

“restriction on movement order” means an order made by a court under section 101.

Annotations

Amendments:

F30
Substituted (7.04.2017) by Prisons Act 2015 (57/2015), s. 17, S.I. No. 134 of 2017.

Power to suspend sentence.

99.— (1) Where a person is sentenced to a term of imprisonment (other than a mandatory term of imprisonment) by a court in respect of an offence, that court may make an order suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to, the order.

(2) It shall be a condition of an order under subsection (1) that the person in respect of whom the order is made keep the peace and be of good behaviour during—

(a) the period of suspension of the sentence concerned, or

(b) in the case of an order that suspends the sentence in part only, the period of imprisonment and the period of suspension of the sentence concerned,

and that condition shall be specified in the order concerned.

(3) The court may, when making an order under subsection (1), impose such conditions in relation to the order as the court considers—

(a) appropriate having regard to the nature of the offence, and

(b) will reduce the likelihood of the person in respect of whom the order is made committing any other offence,

and any condition imposed in accordance with this subsection shall be specified in that order.

(4) In addition to any condition imposed under subsection (3), the court may, when making an order under subsection (1) consisting of the suspension in part of a sentence of imprisonment or upon an application under subsection (6), impose any one or more of the following conditions in relation to that order or the order referred to in the said subsection (6), as the case may be:

(a) that the person co-operate with the probation and welfare service to the extent specified by the court for the purpose of his or her rehabilitation and the protection of the public;

(b) that the person undergo such—

(i) treatment for drug, alcohol or other substance addiction,

(ii) course of education, training or therapy,

(iii) psychological counselling or other treatment,

as may be approved by the court;

(5) A condition (other than a condition imposed, upon an application under subsection (6), after the making of the order concerned) imposed under subsection (4) shall be specified in the order concerned.

(6) A probation and welfare officer may, at any time before the expiration of a sentence of a court to which an order under subsection (1) consisting of the suspension of a sentence in part applies, apply to the court for the imposition of any of the conditions referred to in subsection (4) in relation to the order.

(7) Where a court makes an order under this section, it shall cause a copy of the order to be given F31[, by electronic or other means,] to—

(a) the Garda Síochána, or

(b) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda Síochána.

(8) Where a court has made an order under subsection (1) and imposes conditions under subsection (4) upon an application under subsection (6), it shall cause a copy of the order and conditions to be given F32[, by electronic or other means,] to—

(a) the probation and welfare service, and

(b) (i) the Garda Síochána, or

(ii) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda Síochána.

F33[(8A) (a) Where a person to whom an order under subsection (1) applies—

(i) commits an offence after the making of that order and during the period of suspension of the sentence concerned (in this section referred to as the “triggering offence”), and

(ii) subject to subsection (8B), is convicted of the triggering offence,

the court before which proceedings for the triggering offence are brought shall, after imposing sentence for that offence, remand the person in custody or on bail to a sitting of the court that made the said order to be held—

(I) no later than 15 days after such remand, or

(II) if there is no sitting of that court within that period, to the next sitting of that court thereafter,

and, if there is no sitting of that court on the day to which that person has been remanded, he or she shall stand so remanded to the sitting of that court next held after that day.

(b) The remand of a person in custody or on bail under paragraph (a) to a sitting of the court that made the order under subsection (1) concerned applying to the person may be to a sitting of that court other than a sitting thereof referred to in paragraph (c).

(c) Subject to paragraph (b), references in paragraph (a) to a sitting of a court shall be construed as references to a sitting of the court at a place and time appointed or fixed for sittings of that court by or under statute.

(8B) Subsection (8A) applies to a conviction of a person for an offence if proceedings for the offence are instituted against the person during the period of suspension of the sentence concerned pursuant to the order under subsection (1) applying to the person and 12 months thereafter.

(8C) Subject to subsection (8D), a court to which a person has been remanded under subsection (8A) shall revoke the order under subsection (1) concerned unless it considers that the revocation of that order would be unjust in all the circumstances of the case, and where the court revokes that order, the person shall be required to serve the entire of the sentence of imprisonment originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody (other than a period spent in custody by the person in respect of the triggering offence) pending the revocation of the said order.

(8D) Where a person appeals against conviction or sentence for the triggering offence, a court referred to in subsection (8C) may, upon application in that behalf by the person, adjourn the proceedings under that subsection for such period as the court considers appropriate to enable that person to bring the appeal and for it to be determined.

(8E) If an appeal brought by the person concerned against conviction or sentence for the triggering offence is withdrawn or abandoned, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.

(8F) On the determination of an appeal against conviction or sentence for the triggering offence brought by the person concerned—

(a) if the order of the court before which proceedings for that offence were brought is reversed insofar as it relates to the conviction for that offence or the conviction for that offence is quashed, the court referred to in subsection (8C) shall dismiss the proceedings under that subsection, and

(b) in all other cases, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.

(8G) When an appeal against conviction or sentence for the triggering offence is withdrawn, abandoned or determined, the person concerned shall, for the purposes of subsections (8E) and (8F), appear before the court referred to in subsection (8C) whenever he or she is required to do so by that court.

(8H) In subsections (8D) to (8G), references to an appeal against conviction or sentence for the triggering offence shall be construed as references to an appeal against conviction or sentence, as the case may be, for that offence, whether by way of rehearing, case stated or otherwise.]

(9) … [declared unconstitutional, see E-note below]

(10) … [declared unconstitutional, see E-note below]

F34[(10A) F35[…]]

F36[(11) (a) Where an order under subsection (1) applying to a person is revoked under subsection (8C), any period of imprisonment required to be served by the person as a result of that revocation shall be consecutive on any sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person in respect of the triggering offence.

(b) Paragraph (a) shall not apply if the execution of the sentence of imprisonment imposed on the person in respect of the triggering offence is wholly suspended under subsection (1).]

(12) Where an order under subsection (1) is revoked in accordance with this section, the person to whom the order applied may appeal against the revocation to such court as would have jurisdiction to hear an appeal against any conviction of, or sentence imposed on, a person for an offence by the court that revoked that order.

(13) Where a member of the Garda Síochána or, as the case may be, the governor of the prison to which a person was committed has reasonable grounds for believing that F37[a person to whom an order under subsection (1) applies has contravened the condition referred to in subsection (2) or a condition imposed under subsection (3), he or she may apply] to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).

F38[(13A) The Director of Public Prosecutions may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection (3), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).]

(14) A probation and welfare officer may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection F39[…](4), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).

(15) Where the court fixes a date for F40[the hearing of an application referred to in subsection (13), (13A) or (14)], it shall, by notice in writing, so inform the person in respect of whom the application will be made, or where that person is in prison, the governor of the prison, and such notice shall require the person to appear before it, or require the said governor to produce the person before it, on the date so fixed and at such time as is specified in the notice.

(16) If a person who is not in prison fails to appear before the court in accordance with a requirement contained in a notice under subsection (15), the court may issue a warrant for the arrest of the person.

(17) A court shall, where it is satisfied that a person to whom an order under subsection (1) applies has contravened a condition of the order, revoke the order unless it considers that in all of the circumstances of the case it would be unjust to so do, and where the court revokes that order, the person shall be required to serve the entire of the sentence originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody pending the revocation of the said order.

(18) A notice under subsection (15) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

F41[(18A) Where, under subsection (8C) or (17), a court revokes an order under subsection (1) applying to a person and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her, the court may make a further order suspending the execution of the part of the sentence of imprisonment that is not required to be served by the person and such further order shall, for the purposes of this section, be regarded as an order made under subsection (1) applying to the person and that subsection shall apply accordingly.]

(19) This section shall not affect the operation of—

(a) section 2 of the Criminal Justice Act 1960 or Rule 38 of the Rules for the Government of Prisons 1947 (S.R. & O. No. 320 of 1947), or

(b) subsections (3G) and (3H) of section 27 of the Misuse of Drugs Act 1977.

F42[(19A) If, in relation to a person, the application of subsection (11) conflicts with any of the other consecutive sentencing provisions with regard to the sequence in which the following shall be served by the person, namely—

(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,

(b) the period of imprisonment required to be served by the person under subsection (8C), and

the court referred to in subsection (8C) or any other court concerned may determine that sequence in such manner as it considers just, provided that the sentences of imprisonment referred to in paragraphs (a) and (c) and the period of imprisonment referred to in paragraph (b) shall be consecutive on each other.

(19B) Where a person is convicted of the triggering offence by the District Court and an order under subsection (1) applying to the person is revoked by the District Court under subsection (8C), the aggregate of—

(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,

(b) the period of imprisonment required to be served by the person under subsection (8C), and

(c) a sentence of a term of imprisonment for any other offence imposed on the person by the District Court that is required by any of the other consecutive sentencing provisions to be consecutive on the sentence of imprisonment referred to in paragraph (a) or the period of imprisonment referred to in paragraph (b) or vice versa,

shall not exceed 2 years.]

F34[(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.]

F43[(21) Where—

(a) under subsection (8C), an order under subsection (1) applying to a person is revoked and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her under that subsection, and

(b) a court imposes a sentence of a term of imprisonment on the person that is to be consecutive on the sentence of imprisonment referred to in paragraph (a),

the sentence of imprisonment referred to in paragraph (b) shall commence at the expiration of the period of imprisonment required to be served by the person under subsection (8C) referred to in paragraph (a).

(22) Where an order under subsection (1) is made by a court on appeal from another court—

(a) the reference in subsection (8A) to the court that made the order under subsection (1),

(b) the references in subsections (8C), (8D), (8G), (13) to (17), (18A) and (19A) to the court that may exercise jurisdiction under each of those subsections, and

shall be construed as references to the court from whose order or decision the appeal was taken.

(23) In this section the “other consecutive sentencing provisions” means—

(a) section 5 of the Criminal Justice Act 1951,

(b) section 13 of the Criminal Law Act 1976,

(d) section 54A of the Criminal Justice (Theft and Fraud Offences) Act 2001, and

(e) any other enactment that requires or permits a court to impose a consecutive sentence.]

Annotations

Amendments:

F31
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(a), S.I. No. 1 of 2019.

F32
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(b), S.I. No. 1 of 2019.

F33
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(c), S.I. No. 1 of 2019.

F34
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 60(c) and (e), S.I. No. 236 of 2007.

F35
Deleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(d), S.I. No. 1 of 2019.

F36
Substituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(e), S.I. No. 1 of 2019.

F37
Substituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(f), S.I. No. 1 of 2019.

F38
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(g), S.I. No. 1 of 2019.

F39
Deleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(h), S.I. No. 1 of 2019.

F40
Substituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(i), S.I. No. 1 of 2019.

F41
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(j), S.I. No. 1 of 2019.

F42
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(k), S.I. No. 1 of 2019.

F43
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(l), S.I. No. 1 of 2019.

Modifications (not altering text):

C9
References construed (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 3, S.I. No. 1 of 2019.

Construction of references

3. A reference in any enactment, within the meaning of the Interpretation Act 2005, to—

(a) subsection (9) of section 99 of the Act of 2006 shall be construed as a reference to subsections (8A) and (8B) (inserted by section 2 (c)) of the said section 99, and

(b) subsection (10) of section 99 of the Act of 2006 shall be construed as a reference to subsection (8C) (inserted by section 2 (c)) of the said section 99.

Editorial Notes:

E33
Declared unconstitutional: subss. (9) and (10) declared unconstitutional (19.04.2016) by Moore v DPP [2016] IEHC 244. The Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017) was enacted in response to this decision.

E34
Previous affecting provision: subs. (9) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 51, S.I. No. 330 of 2009 and (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 60(a), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.

E35
Previous affecting provision: subs. (10) amended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 60(b), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.

E36
Previous affecting provision: subs. (11)(a) substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 60(d), S.I. No. 236 of 2007; substituted as per F-note above.

Imposition of fine and deferral of sentence.

100.— (1) Where a court makes an order convicting a person of an offence in respect of which the person is liable to both a term of imprisonment and a fine, the court may, subject to subsection (2) —

(a) impose a fine on that person in respect of the offence, and

(b) make an order—

(i) deferring the passing of a sentence of imprisonment for the offence, and

(ii) specifying the term of imprisonment that it would propose to impose on the person in respect of that offence should he or she fail or refuse to comply with the conditions specified in the order.

(2) A court shall not perform functions under subsection (1) unless it is satisfied that—

(a) the person concerned consents to the sentence of imprisonment being deferred,

(b) the person gives an undertaking to comply with any conditions specified in an order made under subsection (1) (b) , and

(c) having regard to the nature of the offence concerned and all of the circumstances of the case, it would be in the interests of justice to so do.

(3) An order under subsection (1) (b) shall specify—

(a) the date (in this section referred to as the “specified date”) on which it proposes to pass sentence should the person contravene a condition of the order, being a date that falls not later than 6 months after the making of the order, and

(b) the conditions with which the person concerned is to comply during the period between the making of the order and the specified date, including a condition that the person be of good behaviour and keep the peace.

(4) Where a court makes an order under subsection (1) (b) , it shall cause a copy of the order to be given to the person in respect of whom it is made and the Garda Síochána.

(5) A court that has made an order under subsection (1) (b) shall not later than one month before the specified date require the person in respect of whom the order was made, by notice, to attend a sitting of the court on that date and at such time as is specified in the notice.

(6) If a person fails to comply with a requirement in a notice under subsection (5) , the court may issue a warrant for the arrest of that person.

(7) Where a member of the Garda Síochána has reasonable grounds for believing that a person to whom an order under subsection (1) (b) applies has contravened a condition of the order, he or she may apply to the court to fix a date for the hearing of an application for an order imposing the term of imprisonment specified in the order in accordance with subsection (1) (b) (ii) .

(8) Where the court fixes a date for the hearing of an application referred to in subsection (7) , it shall, by notice in writing, so inform the person in respect of whom the application will be made, and such notice shall require the person to appear before it on the date so fixed and at such time as is specified in the notice.

(9) If a person fails to appear before the court in accordance with a requirement contained in a notice under subsection (8) , the court may issue a warrant for the arrest of the person.

(10) Upon an application by a member of the Garda Síochána for an order imposing the term of imprisonment specified in accordance with paragraph (b) (ii) of subsection (1) , a court may, if it is satisfied that the person in respect of whom the application was made has contravened a condition specified in the order under that subsection, impose the term of imprisonment that it proposed to impose at the time of the making of the order under that subsection (or such lesser term as it considers just in all of the circumstances of the case), unless it considers that it would in all the circumstances be unjust to so do.

(11) On the specified date the court shall, if it is satisfied that the person in respect of whom the order under subsection (1) was made has complied with the conditions specified in the order, not impose the sentence that it proposed to impose when making that order and shall discharge the person forthwith.

(12) On the specified date the court may, if it is satisfied that the person in respect of whom the order under subsection (1) was made has contravened a condition specified in the order, impose the term of imprisonment that it proposed to impose at the time of the making of the order (or such lesser term as it considers just in all of the circumstances of the case) unless it considers that in all of the circumstances of the case it would be unjust to so do, and where it considers that it would be unjust to impose a term of imprisonment it shall discharge the person forthwith.

(13) A notice under subsection (5) or (8) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(14) Section 18(1) of the Courts of Justice Act 1928 is amended by the insertion of “, including an order under section 100 (1) of the Criminal Justice Act 2006” after “the person against whom the order shall have been made”.

Restriction on movement order.

101.— (1) Where a person aged 18 years or more is convicted of an offence specified in Schedule 3 and the court which convicts him or her of the offence considers that it is appropriate to impose a sentence of imprisonment for a term of 3 months or more on the person in respect of the offence, it may, as an alternative to such a sentence, make an order under this section (“a restriction on movement order”) in respect of the person.

(2) A restriction on movement order may restrict the offender’s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision—

(a) requiring the offender to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or

(b) requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the court may not, under paragraph (a) , require the offender to be in any place or places for a period or periods of more than 12 hours in any one day.

(3) A restriction on movement order may be made for any period of not more than 6 months and, during that period, the offender shall keep the peace and be of good behaviour.

(4) A restriction on movement order may specify such conditions as the court considers necessary for the purposes of ensuring that while the order is in force the offender will keep the peace and be of good behaviour and will not commit any further offences.

(5) A restriction on movement order shall specify the restrictions that are to apply to the offender’s movements and, in particular, it shall specify—

(a) the period during which it is in force,

(b) the period or periods in each day or week during which the offender shall be in any specified place or places,

(c) the time at which, or the periods during which, the offender shall not be in any specified place or places or any class or classes of place or places.

(6) In determining for the purposes of subsection (2) (a) the period or periods during which the offender shall be in a specified place or places, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty and any educational course, training, employment or other activity in which the offender is participating, and it shall ensure, as far as practicable, that that period or those periods do not conflict with the practice by the offender of his or her religion.

(7) In determining for the purpose of subsection (2) (b) the place or places, or class or classes of place or places, the time or the periods to be specified in a restriction on movement order, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty, the time that the offender committed the offence, the place where the offence was committed and the likelihood of the offender committing another offence in the same or similar place or places or class or classes of place or places.

(8) A court shall not make a restriction on movement order in respect of an offender unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such an order may be made and, for that purpose, the court may request a probation and welfare officer to prepare a report in writing in relation to the offender.

(9) A restriction on movement order which restricts the movements of an offender in accordance with subsection (2) (a) shall not be made without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

(10) A court making a restriction on movement order may include in the order a requirement that the restrictions on the offender’s movements be monitored electronically in accordance with section 102 , but it shall not include such a requirement unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such a requirement may be made and, for that purpose, the court may request an authorised person to prepare a report in writing in relation to the offender.

(11) Before making a restriction on movement order, the court shall explain to the offender in ordinary language—

(a) the effect of the order, including any requirement which is to be included in the order under section 102 ,

(b) the consequences which may follow any failure by the offender to comply with the requirements of the order, and

(c) that the court has power under section 103 to vary the order on the application of any person referred to in that section,

and the court shall not make the order unless the offender agrees to comply with its requirements.

(12) The court shall cause certified copies of a restriction on movement order to be sent to—

(a) the offender,

(b) the member in charge of the Garda Síochána station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force,

(c) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.

Electronic monitoring of restriction on movement order.

102.— Where the restrictions on an offender’s movements in a restriction on movement order are to be monitored electronically, the order shall include—

(a) a provision making an authorised person responsible for monitoring the offender’s compliance with it, and

(b) a requirement that the offender shall, either continuously or for such periods as may be specified, have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the order to be carried out.

Variation of restriction on movement order.

103.— (1) Where a restriction on movement order is in force, the court may, if it so thinks proper, on written application by—

(a) the offender,

(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,

(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order,

vary the order by substituting another period or time or another place for any period, time or place specified in the order.

(2) An application under subsection (1) shall be made on notice to such of the other parties specified in subsection (1) as is appropriate.

(3) Where any party specified in subsection (1) objects to the variation of a restriction on movement order, the court shall not vary the order without hearing from that party.

(4) The court shall cause certified copies of a restriction on movement order varied under this section to be sent to—

(a) the offender,

(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,

(c) the member in charge of the Garda Síochána station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force, and

(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.

(5) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.

Provisions regarding more than one restriction on movement order.

104.— (1) Where more than one restriction on movement order is in force in respect of an offender at any time, the period during which the offender is required to be in a specified place or places shall, notwithstanding subsections (2) and (3), not be for a period of more than 6 months.

(2) Where a court makes restriction on movement orders in respect of 2 or more offences of which the offender has been found guilty, it may direct that the period for which the offender is required by any of those orders to be in a specified place or places shall be concurrent with or additional to that specified in any other of those orders.

(3) Where a court makes a restriction on movement order and at the time of the making of the order there is in force in respect of the offender another such order (whether made by the same or a different court), the court making the later order may direct in that order that the period for which the offender is required by that order to be in a specified place or places shall be concurrent with or additional to that specified in the earlier order.

Non-compliance with restriction on movement order.

105.— (1) Where a restriction on movement order is in force and it appears to a court, on application by a member of an Garda Síochána or, where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order, that the offender has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may—

(a) if the order was made by a court in the district court district, or, as the case may be, the circuit, in which the offender resides or is to reside while the order is in force—

(i) direct the offender to comply with the order or any such condition in so far as it has not been complied with,

(ii) revoke the order and make another restriction on movement order in respect of the offender, or

(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made,

(b) if the order was made by a court in another district court district or, as the case may be, another circuit, remand the offender on bail to a sitting of that court to be dealt with, and for that purpose, paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the offender has complied with the order concerned or any condition to which it is subject.

(3) Where the court proposes to exercise its powers under subsection (1), it shall summon the offender to appear before it and, if the offender does not appear in answer to the summons, it may issue a warrant for his or her arrest.

(4) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.

Amendment of section 5 of Criminal Justice Act 1951.

106.— Where 2 or more sentences, one of which is a restriction on movement order, are passed on an offender by the District Court and are ordered to run consecutively, the aggregate of the period during which the order in respect of the offender is in force and the period of any term or terms of imprisonment imposed on him or her shall not exceed the maximum period of the aggregate term of imprisonment specified in section 5 of the Criminal Justice Act 1951.

Documentary evidence in relation to offenders.

107.— (1) Evidence of the presence or absence of the offender in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

(a) a statement produced automatically or otherwise by a device, prescribed by regulations under section 111, by which the offender’s whereabouts were electronically monitored, and

(b) a certificate signed by an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order that the statement relates to the whereabouts of the offender at the dates and times shown in the statement.

(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.

(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the offender prior to the hearing.

Temporary release of prisoners.

108.— (1) A direction in respect of a person aged 18 years or more may be subject to a condition restricting the person’s movements to such extent as the Minister thinks fit and specifies in the direction and those restrictions may be monitored electronically in accordance with subsection (4).

(2) Without prejudice to the generality of subsection (1), a direction may include provision—

(a) requiring the person to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or

(b) requiring the person not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the Minister may not, under paragraph (a), require the person to be in any place or places for a period or periods of more than 12 hours in any one day.

(3) A direction shall not be subject to a condition which restricts the movements of a person in accordance with subsection (2)(a) without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

(4) Where the restrictions on a person’s movements imposed by a condition in a direction are to be monitored electronically, the direction shall include—

(a) a provision making an authorised person responsible for monitoring the person’s compliance with the condition and the condition referred to in paragraph (b), and

(b) a condition that the person shall, either continuously or for such periods of not more than 6 months as may be specified have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the condition restricting his or her movements to be carried out.

(5) A condition shall not be imposed under subsection (1)(4) or (b) unless the person concerned agrees to comply with it, but the absence of such agreement shall not confer an entitlement on that person to be released pursuant to a direction.

Annotations

Editorial Notes:

E37
Electronic monitoring devices for purposes of section prescribed (25.08.2010) by Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010), reg. 3.

Documentary evidence in relation to prisoners on temporary release.

109.— (1) In any proceedings for an offence under section 6(2) of the Criminal Justice Act 1960 evidence of the presence or absence of the person in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

(a) a statement produced automatically or otherwise by a device, prescribed by regulations made under section 111, by which the person’s whereabouts were electronically monitored, and

(b) a certificate signed by an authorised person who is responsible under section 108(4) for monitoring the offender’s compliance with the condition in the direction that the statement relates to the whereabouts of the person at the dates and times shown in the statement.

(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.

(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the person prior to the hearing.

Amendment of section 2(1) of Criminal Justice Act 1960.

110.— Section 2(1) of the Criminal Justice Act 1960 is amended by the insertion of “(including, if appropriate, any condition under section 108 of the Criminal Justice Act 2006)” after “subject to such conditions, as may be specified in the direction”.

Regulations regarding electronic monitoring devices.

111.— The Minister may prescribe by regulations the types of electronic monitoring device that may be used for the purpose of monitoring—

(a) the compliance of offenders with a requirement under section 102, and

(b) the compliance of persons with section 108(4).

Annotations

Editorial Notes:

E38
Power pursuant to subs. (b) exercised (25.08.2010) by Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010).

Electronic monitoring.

112.— The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for the monitoring of—

(a) the compliance of offenders with restriction on movement orders, or

(b) the compliance of persons with a condition imposed under section 108(4) in directions in respect of such persons,

or both.

Practice Directions

CA02

Appeals against sentence and undue leniency applications

Criminal Appeals

1. If a party wishes to put documentary material (references, testimonials, etc.) which was before the court of trial for consideration by the Court of Appeal, such material must be presented to the Court of Appeal Office in triplicate in bound, indexed and paginated books not later than four clear days prior to the hearing of the appeal.

2. In the event of an appeal being allowed, the Court of Appeal will proceed to impose sentence. If it is desired to place up to date documentary material before the court to assist in such exercise four copies of any such material must be available in court on the day of the appeal hearing in bound, indexed and paginated books.

Sean Ryan
President
30th October 2014

(revised on the 3rd day of October 2016)

Court of Appeal

CA09

Appeals where parity of sentence argued

In an appeal against sentence or an application for a review of sentence on grounds of undue leniency where it is intended to place reliance on the parity or otherwise of a sentence imposed on a co-accused, the registrar is to be notified within 28 days of the lodgment of the Notice of Appeal or Notice of Application so that all necessary transcripts can be obtained and made available to the court and the parties in advance of the hearing of the appeal or application for a review of sentence as the case may be.

George Birmingham
President of the Court of Appeal
24th October 2018

Court of Appeal

Sentencing General

CRIMINAL JUSTICE ACT 1984

Offences committed while on bail: consecutive sentences.

Increase of aggregate term of imprisonment in certain cases.

Failure to surrender to bail.

Increase of penalties for certain firearms offences.

Withholding information regarding firearms or ammunition.

Maximum fine on summary conviction of certain indictable offences.

CRIMINAL JUSTICE ACT, 1990

Abolition of death penalty.

Sentence for treason and murder.

Special provision in relation to certain murders and attempts.

Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.

Restrictions on power to commute or remit punishment or grant temporary release.

Procedure in cases of murder, and attempts, to which section 3 applies.

Consequential amendments.

Transitional provisions.

Offences punishable by ordinary law.

Trial by court-martial of treason and certain murders and attempts.

CRIMINAL JUSTICE ACT 1993

Interpretation.

Review of certain sentences.

Minor and consequential provisions.

Effect of certain offences on persons in respect of whom committed.

Evidence through television link.

Evidence through intermediary.

Compensation order.

Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.

Suspension of compensation order pending appeal.

Effect of compensation order on civil proceedings.

Service of documents.

CRIMINAL JUSTICE ACT 2006

Definitions (Part 10).

Power to suspend sentence.

Imposition of fine and deferral of sentence.

Restriction on movement order.

Electronic monitoring of restriction on movement order.

Variation of restriction on movement order.

Provisions regarding more than one restriction on movement order.

Non-compliance with restriction on movement order.

Amendment of section 5 of Criminal Justice Act 1951.

Documentary evidence in relation to offenders.

Temporary release of prisoners.

Documentary evidence in relation to prisoners on temporary release.

Amendment of section 2(1) of Criminal Justice Act 1960.

Regulations regarding electronic monitoring devices.

Electronic monitoring.

Practice Directions

Appeals against sentence and undue leniency applications

Appeals where parity of sentence argued

Related Posts

DC Enforcement

Parole

Parole Process